20 Trailblazers Leading The Way In Accident Compensation

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if an insurance company is unable to pay the amount you're entitled to for your injuries. This will outline all your financial losses like medical bills and lost wages, as well as non-economic damages like pain and suffering.

A jury or judge will then come to a decision. If they decide in your favor, you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car palmer accident lawyer the proof of negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Collecting evidence is one the first steps in the litigation process, and it involves gathering evidence, documents including photographs, witness statements and official reports such as police reports.

Photographs of the scene of the Fitchburg Accident Law Firm can aid your lawyer in determining what actually transpired in the accident, including the position of both cars following the impact, skid marks road debris, and other physical evidence. Take down the names and contact numbers of any witnesses who witnessed what transpired. Witnesses who testify to corroborate your account of what transpired is vital especially as it can be common for drivers to give contradicting stories of what happened. This results in insurance companies refusing to accept the claim or deny any responsibility at all.

Other evidence forms your lawyer could use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the severity of your injuries. It is important to obtain these records as quickly as possible and provide copies to your healthcare professionals.

Another form of evidence your lawyer could employ is a deposition which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer could make use of this testimony to prove your injuries were an immediate, obvious connection to the accident. This can be used to justify requesting compensation. While the majority of these kinds of evidence can be gathered at the accident scene or shortly afterward however, some evidence may not be available until later in the litigation process. It's important to contact a lawyer for car accidents with the appropriate credentials as soon as you can to begin an inquiry when the evidence is in its most pure form.

2. Filing a complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek legal advice from a professional. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with court, which outlines the specific claims you are making and the amount of money you're seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It is also served on the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. The process can be very long and requires both sides to review many documents, including police reports as well as witness statements, medical records, bills and much more. Each side can request interrogatories. They are a set of questions that the other side must answer under oath in a specified time frame.

In this phase, your lawyer will also work closely with doctors to get a full picture of your injuries as well as the impact that they've affected your life. Your lawyer will determine your total damages. This includes future and past medical expenses as well as lost wages, suffering and pain and suffering, and more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver at the fault. This is more likely after discovery and prior to trial. If the insurance company is unable to negotiate a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, the case could be referred to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident, where your attorney and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will request copies of documents to support your case. This includes police reports, medical bills and work loss records from your employer (showing the amount of time you missed due to the accident), photos of your vehicle and any damages or injuries, and other financial information. Your attorney will also make use of written discovery tools, such as interrogatories and requests for production, as well as requests for admissions to question witnesses and other parties that aren't present in the case.

These tools for discovery in writing are circulated back and forth between the attorneys for both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing, which must be answered under oath and to provide copies of other information that could be helpful to you.

Your Long Island car accident lawyer will also be able to depose witnesses to the collision as well as any person who has information about your injuries or damage that could be crucial to your case. In a deposition, the lawyer representing the party at fault will ask you various questions, and your responses will be recorded on video, or transcribed by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer build a compelling case against the person who is at fault and their insurance company in order to secure an equitable settlement for all of your injuries and losses, costs and expenses. Although there is no guarantee that all cases will settle, the majority do during or after the discovery process, which is often be completed before your case reaches trial.

4. Trial

Although the majority of car accidents are settled through informal negotiations however, if you and your insurance company do not agree on who is at fault or the amount you should receive for your injuries, the case may be heard in a trial. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who renders a verdict that settles the issue. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You can also offer testimony regarding your memories of the incident and how it affected your life. Expert witnesses can also give evidence to support your claims. The attorney representing the defendant may interrogate witnesses and contest the admissibility of certain evidence.

At trial, the jury must decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will look at proximate causes, a complex legal concept that law students spend hours studying. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also determine how much damages you should receive. This is another complicated issue depending on the severity of your injuries and the extent of your losses. Your attorney will present your evidence which includes expert witness testimony regarding the severity of your injuries, the loss of income and future earnings potential, as well as your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer can't negotiate a settlement with your insurer, you could be required to file a lawsuit in court. It can be expensive and time-consuming. However, it is usually required to obtain compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with the other). Your lawyer will also file legal documents, referred to as motions that ask the court for things like not allowing certain types of evidence during trial. Settlement negotiations may continue throughout this process. Many car accident civil disputes are settled before trial is required.

If they believe that your injury claim is solid and that you are willing to go to trial, insurance companies will make a fair settlement offer. In addition, the settlement process is quicker and less risky than a trial.

It is crucial to be aware of the extent of your injuries prior to agreeing to an agreement. You must have completed all medical treatments. If you sign a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) and you are not able to be denied additional compensation. You should also not sign the release until you've met with your lawyer and have a complete understanding of your losses. Your lawyer will ensure that you don't be denied compensation that is valuable. They will carefully examine your medical records as well as other documents to ensure that you get the full amount of damages to that you are eligible.